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Home My WebLink About73-91 Ordinance ~--""---,-~,---,,--._,-,,,~ --" -~'"- ," - i'trAi , , .C~~l.'R~~. 6/1/87 NAME OF STREET_____~~~~~_ad_________________ ORDINANCE NO. 73-91 --------------------------------- ROUTE NO. state Route 145 DATE ---------------------------------------- ------------------------------------------ An ~rgency ordinance enacted by the City of_______~~1~_________________________________t _______~~~~~__________________ County, Ohio, in the aatter of the hereinafter described improvement and to request cooperation by the Director of Transportation. WHEREAS, the City has identified the need for and proposes the illprov.-ent of a portion of the public highway which is described as follows: By applying an Asphalt Concrete Leveling Course, approximately one-half (-!) inch thick and an Asphalt Concrete Surface Course, approximately one (1) inch thick, on Dublin Road (state Route 145). Beginning at the Franklin / Delaware County Line (S.L.M. 0.00) and ending at the Dublin North Corporation Line (S.L.M. 0.38). said portion of highway within the municipal corporation limits being hereinafter referred to as the improvement, and WHEREAS, the City further desires cooperation from the Director of Transportation in the planning, design and construction of said improvement. NOW THEREFORE, Be it ordained by the Council of the City'of__________~~~_~~________________, ,,,.-. Ohio: SECTION I (Cooperation) That said City hereby requests the cooperation of the Director of Transportation in the cost of the above described improvement as follows: A. The Ohio Department of Transportation will assume and bear ninety-seven (91) percent of the cost of the Pavement Improvement. B. The City of Dublin will assume and bear all remaining cost of the Improvement. SECTION 11 (Consent) That it is declared to be in the public interest that the consent of said City be and such consent is hereby given to the Director of Transportation to construct the above described improvement, in accordance with plans, specifications and estimates as approved by the Director. SECTION III (Authority to Sign) -, That the__.____. _<l!~L_~~~_________________________of said City, is hereby empowered and directed on behalf of the City to enter into agreements with the Director of Transportation necessary to complete the planning and construction of this improv~nt. SECTION IV (Traffic Control Signals and Devices) That traffic control devices installed within the limits of the project will con fora with Section 4511 of the Ohio Revised Code. Page I of 3 .. " - .; . CS-l Rev. 6/1/87 SECTION V (Maintenance and Parking) That upon completion of said improvement, said City, will thereafter keep said highway open to traffic at all times, and (a) Maintain the improvement in accordance with the provisions of the statutes relating thereto and make ample financial and other provisions for such maintenance; and (b) Maintain the right-of-way and keep it free of obstructions in a manner satis- factory to the State of Ohio and hold said right-of-way inviolate for public highway purposes and permit no signs, posters, billboards, roadside stands or other private installations within the right-of-way limits; and (c) Place and maintain all traffic control devices conforming to the Ohio Manual of Uniform Traffic Control Devices on the improvement in compliance with the provisions of Section 4511.11 and related sections of the Ohio Revised Code. (d) Regulate parking in the following manner: Prohibi t parking on the traveled portion of the highway wi thin the lim1 ts of the improvement. SECTION VI (Right-of-Way, Utility Rearrangement and Damage and Liability Responsibilities) (a) That all existing street and public way right-of-way within the City which is necessary for the aforesaid improvement, shall be made available therefor. (b) That the State/City will acquire any additional right-of-way required for the construction of the aforesaid improvement. (c) That arrangements have been or will be made with and agreements obtained from all public utility companies whose lines or structures will be affected by the said improvement and said companies have agreed to make any and all necessary plant removals or rearrangements in such a manner as to be clear of any construction called for by the plans of said improvement and said companies have agreed to make such necessary rearrangements immediately after notification by said City or the Department of Transportation. (d) That it is hereby agreed that the City shall at its own expense, make all rearrangements of water mains, service lines, fire hydrants, valve boxes, sanitary sewers or other municipally owned utilities and/or any appurtenances thereto, which do not comply with the provisions of Directive DH-P-411 inside or outside the corporate limits as may be necessary to conform to the said improvement and said rearrangements shall be done at such time as re- quested by the Department of Transportation Engineer. (e) That the construction, reconstruction, and/or rearrangement of both publicly and privately owned utilities, referred to in subsections (c) and (d) above, shall be done in such a manner as not to interfere unduly with the operation of the contractor constructing the improvement and all backfilling of trenches made necessary by such utility rearrangements shall be performed in accordance with the provisions of the Ohio Department of Transportation Construction and Material Specifications and shall be subject to approval by the State. (f) That the installation of all utility facilities on the right of way shall conform with the requirements of the Federal Highway Administration Policy and Procedure Memorandum 30-4 "Utility Relocations and Adjustments" and the Department of Transportation's rules on Utility Accommodation. (g) That the City hereby agrees to accept responsibility for any and all damages or claims for which it is legally liable arising from the negligence of its officers, employees or agents in the performance of the City's obligations made or agreed to in Sections (a), (b), (c), (d) , (e) and (f) hereinabove. Likewise, The State agrees to accept responsibility for any and all damages or claims for which it is legally liable arising from the negligence of its officers, employees or agents in the performance of the State's obligations made or agreed to in Sections (a), (b), (c), (d) , (e) and (f) hereinabove. Page 2 of 3 ~_._~___o,,~_~__.~_.,,~~_~,"~. -~-- _~_~~_----""__________N.~,"'_"~~__" ,- . . .. . C8-l Rev. 6/l/m This ordinance is hereby declared to be an emergency measure by reason of the need "'*"~' for expediting highway improvements to promote highway safety. and provided it receives the affirmative vote of two-thirds of the members elected to Council. it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise. it shall take effect and be in force from and after the earliest period allowed by law. Passed: ~ ;Z I 19 '? I. ----------------------------. ---- Att.Bt, ~_d__~ Clerk Attest: ------------------------------- ------------------------------------- President of Council **************************************************************** CERTIFICATE OF COPY STATE OF OHIO City Of__~_____________SS county__~________ ~ -" I, ~~~~____, as Clerk of the City of __________~_____________, Ohio, do he eby certif that t foregoing is a true and correct copy o~dinance adopted bY~islative Authority of the said City on the_______~~__________day of ------~_ ____~__________. 19_~~, that the publications of such ordinance has been made and certified of record according to law; that no proceedings looking to a referend~ upon such ordinance have been taken; and that such ord~~ and certificate of publi- cation thereof are of record in Ordinance Record No.__ _____. Page________________. IN WITNESS ~F, I have her~~ed my name and affixed my official Beal, thiB___-<2-1_________day of___ _______ _____________. 19f.!__~ ~ (SEAL) -~--cl~;~ ---~--- -------- City Of__~~______' Ohio. ***************************************************************** The aforegoing is accepted as a basis for proceeding with the improvement herein deBcribe~ AtteBt' ~ For the City of___~_~~__________. Obio. - - -- -- ----~------ ;A' .-.- ____~~--.Date-!!'J~2.j!!- Cont actual Officer ".~ For the State of Ohio Attest: ---------------------------------- _______________________________,Date____________ Director, Ohio Department of Transportation Page 3 of 3